Amanda M. V. v. Frank Bisignano, Acting Commissioner of Social Security

Summary

The United States District Court for the District of New Mexico granted Plaintiff’s motion for $11,504.00 in attorney fees under 42 U.S.C. § 406(b) following a favorable Social Security disability benefits determination after remand. The court found the representation adequate, the fee request timely and reasonable, and ordered counsel to refund the previously awarded $6,695.40 in EAJA fees to Plaintiff.

Holdings

1. A court may award attorney fees under 42 U.S.C. § 406(b) when it remands a Social Security case for further proceedings and the Commissioner ultimately awards the claimant past-due benefits.
2. The requested $11,504.00 § 406(b) fee was reasonable and appropriate because counsel's representation was adequate, achieved a fully favorable result, caused no delay, was timely requested, and was proportionate to the 25.4 hours expended.
3. When fees are awarded under both the EAJA and § 406(b), counsel must refund the lesser award to the claimant; here, counsel was ordered to refund the $6,695.40 EAJA award.

Questions Presented

1. Whether the court could authorize attorney fees under 42 U.S.C. § 406(b) after remanding the Social Security case for further proceedings and the agency subsequently awarded past-due benefits.
2. Whether the requested $11,504.00 fee was reasonable under § 406(b).
3. Whether counsel was required to refund the previously awarded EAJA fee to Plaintiff after receiving the § 406(b) award.

Disposition

other